CHAPTER TWO

IMPORTANCE OF LAW

Prepared by: Lecturer, Mukhtar Yusuf Mohamed

[LL.B, LLM in International Human Rights Law]
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WHY DO WEE NEED LAWS

• Laws are rules that bind all people living in a community.

Laws protect our general safety, and ensure our rights as
citizens against abuses by other people, by organizations,
and by the government itself. We have laws to help provide
for our general safety.
• Man cannot live isolated.

• Where there is no law, there is no order, stability and even

peace.
• The law is important for a society for it serves as a norm of
conduct for citizens.
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Chapter outlines

This chapter will cover flowing main points:

• Why do we need laws?
• Rule of law and its importance,
• Basic principles of rule of law,
• Legal and non legal norms!
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Conti…..

• It keeps the society running.

• The law is important because it acts as a guideline as to

what is accepted in society. Without it there would be
conflicts between social groups and communities.
• Law plays an important indirect role in regard to social
change by shaping a direct impact on society. For example:
A law setting up a compulsory educational system.
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Conti…..

• On the other hand, law interacts in many cases indirectly

with basic social institutions in a manner constituting a direct
relationship between law and social change. For example, a
law designed to prohibit deviant acts in the society.
• Law plays an agent of modernization and social change.

• It is also an indicator of the nature of societal complexity and

its attendant problems of integration.
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Rule of law and its importance

• Rule of law, also known as supremacy law, means that no

one (including government) is above the law, law is above
everyone, and it applies to everybody.
• The term ‘rule of law’ is derived from the French word ‘le
principe de legalite’ which means ‘the principle of legality’.
• The rule of law is a legal principle that law should govern a
nation and not arbitrary decision by individual government
officials.
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Conti…..

▸ According to Black’s Law Dictionary, the rule of law, also

known as “the supremacy of law”, provides that decisions
should be made by the application of known principles.
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Conti…..

• Rule of law is a set of principles, or ideals, for ensuring an

orderly and just society.
• There are three major elements of rule of law;
1. Supremacy of the law
2. Equality before the law
3. Predominance of legal spirit: court should be free from
impartiality and external influence.
• Rule of law ensures that fundamental rights are protected
and justice is accessible to all.
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Principles of Rule of Law

▸ According to the World Justice Projects definition, rule of law

is a system in which the following four principles are upheld.
These are also known as the four universal principles of rule
of law:
▹ Accountability
The government and its officials, its agents as well as
individuals and private entities are accountable under the law.
▹ Just law
The laws are clear, publicized, stable and just; and are
applied evenly; and protect fundamental rights including the
security of the persons and property.
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Conti…..

▹ Open government
The process by which the law is enacted, administered and
enforced is accessible, fair and efficient.
▹ Access and impartial justice
Justice to be delivered timely by competent, ethical, and
independent representatives and neutrals.
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Legal and Non-legal Norms

Legal norms
▸ Legal norms are generally binding rules of conduct issued by
the state authority.
▸ Legal norms are intended for the regulation of social relations.
▸ Legal norms determine the rights and duties of the subjects of
legal relations.
▸ Abidance of legal norms is guaranteed by the state coercion.

▸ Legal norms are properly published (Collection of laws).

▸ Legal norms are enforceable by the power of the state.

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Conti……

▸ In fact, legal norms (written law) emerge from custom and

religion principles. For example, most of the rules of
marriage and the families have their roots in the custom.
▸ Legal norms are a system of rules regulating in a general
and binding manner of human behavior in society, these
norms are not suggestions or recommendations.
▸ Legal norms are the most essential norms.
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Conti…..

▸ There are three kinds of legal norms:

▹ Norms of instructions: this is also called permissive norms,
they entitle a person to enjoy his rights to do this and that
right.
▹ Prohibitive norms: There are norms, which prohibit man
from doing certain acts, man is not allowed to do certain
actions. Any thing punishable is prohibitive. E.g. Theft,
murder.
▹ Norms of command: There are directive norms, the traffic
light is directive norm under these norms a person is obliged
or has a matter of command.
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Conti…..

Non-legal norms
Norms of morality
▹ Norms of morality are statements on human behavior they
describe some possible human behavior. Morality is connected
with ethics, religious norms, organizational norms and justice.
▹ The law is not concerned with such matters and leaves them to
the individual conscience or moral choice and the pressure of
the public opinion (unless a person tells lie under oath in a
court) no legal action result.
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Conti…..

Customs and traditions

▸ These are rules of human behavior based on long
experience and observance deeply rooted in society
customs and traditions develop and perpetuate (exist) from
many years.
Organizational rules.
▸ There are rules of social cultural and political institutions, for
example rules of women association a political organization,
religious rules, these rules are regulated by each institution.
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Conti…..

▸ Rules of courtesy
• There are norms of politeness. These are conventions
(agreement by people), greetings and respect are rules
of politeness. Courtesy (polite behavior)
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Conti…..

Norms

Non-legal
Legal Norms
norms

Norms of Norms of Norms of Customs and

instructions command morality traditions

Norms of Organizational Rules of

prohibitive rules courtesy
 ENDS!
THANKS!
Prepared by: Mukhtar Yusuf Mohamed
Collage of law and Legal Clinic at University of Hargeisa